In 2004, revisions to the Fair Labor
Standards Act resulted in many para­legals being reclassified as
nonexempt employees entitled to mandatory overtime pay. According to the
latest My Opinion survey, some
LAT readers
find the change beneficial and well-deserved, but others find it
unnecessary and detrimental to the profession.

When asked about their current status, 77.3
percent of respondents said they are classified as nonexempt and should
receive overtime pay, while 22.7 percent said they are exempt. Among
nonexempt employees, 88.2 percent said their employers do compensate
them for working more hours.

“With the long and strenuous hours
paralegals are now working nationally, it’s nice to be compensated
through either pay or time off,” said Laura Ahtes, AACP, RP, DCP, an
18-year paralegal from Wilmington, Del. “The salary range would have to
be astronomical for some paralegals who already work 100-hour weeks.”

Beth Rountree, a 10-year paralegal from
Boise, Idaho, agreed. “Overtime adds an element of fairness,” Rountree
said. “Paralegals never make partner, exempt paralegals rarely receive
bonuses equal to what their annual overtime pay would have been, and
eventually most senior paralegals hit a glass ceiling for compensation
and raises.”

Among those reporting compensation for
overtime, 80 percent of respondents said it takes the form of either
time-and-a-half pay or their regular hourly wage. Another 12.6 percent
said they are given extra time off, and 7.4 percent said they receive a
bonus.

While everyone enjoys more money and more
time off, some respondents warned of a downside to the 2004 FLSA
regulations.

“Employers have used [the regulations] as an
excuse to slash other nonwage benefits that were given to paralegals
when they were exempt,” said Patricia Powell, a 13-year para­legal
specialist from Los Angeles. “For example, when I was changed from
exempt to nonexempt, I lost my salary continuation benefits, and my
bonuses were dramatically slashed because I was paid overtime.”

Fran Foxen, a 20-year senior paralegal from
Scottsdale, Ariz., who has experienced both classifications, favors
being exempt.

“I have worked as an exempt employee and as
a nonexempt employee. I prefer exempt,” she said. “Although overtime pay
can increase your salary, I prefer the flexibility of managing my time
that comes with the exempt status. If I need to come in late, go to the
doctor or run an errand, I can do so and make up the time without
restrictions. It seems more ‘adult’ under the exempt status.”

Foxen might not be alone in her opinion,
since 47.3 percent of all respondents, regardless of their current
classification, said they don’t think it’s right that paralegals fall
under the FLSA’s nonexempt category. While their reasons are varied,
lack of respect was a recurring theme for their opposition to nonexempt
status.

“I can attest to the detrimental effect it
has had,” said Margaret S. Dick, a 36-year paralegal from Buffalo, N.Y.
“Employers do not treat us with the same professional respect, and many
paralegals do not exhibit the same professional demeanor they once did.”

Not everyone, however, believes “nonexempt”
and “professional” are mutually exclusive. “The argument that being paid
overtime makes you less ‘professional’ is absolutely ridiculous,” said
Cindy J. Geib, APC, a 15-year paralegal from Manheim, Pa. “I don’t think
earning overtime makes you less professional. In fact, I think it shows
you are smart enough to take the money you have rightfully and legally
earned.”

Elaine McKenna, a 21-year paralegal from
Phoenix, put it even more succinctly. “It’s time we get past the
professionalism smokescreen and get a day’s pay for a day’s work,” she
said. “No more and no less.”